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12 March 2009
Issue: 7360 / Categories: Legal News , Legal aid focus , Legal services , Profession , Family
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Family barristers at break point

Pay cuts forcing family barristers to desert legal aid work

Family barristers are struggling with complex caseloads, disruptive patterns of work, and pay cuts, according to a report published last week.

Dr Debora Price and Anne Laybourne of King’s College London examined more than 5,000 cases undertaken by more than 1,600 barristers in one week in October last year for their study, The Work of the Family Bar. The report found a quarter of family barristers earned less than £44,000, and half less than £66,000 a year. Almost all family barristers supplemented their legal aid work with privately paid income. Dr Price said: “The work of the family Bar bears a heavy responsibility—the consequences of failure in advocating a client’s case are severe, and include the risk of children being returned to perpetrators of child abuse, the removal of a child from home and the loss of parental rights, domestic violence and homelessness.
“We found that legal aid pay for family barristers lags far behind private client rates and below the rates paid by local authorities. If further cuts in legal aid rates are imposed then there is evidence that this will spread to cases involving serious child abuse too.”

Desmond Browne QC, chairman of the Bar Council, says: “This compelling report provides hard evidence that government policies are driving skilled advocates out of the family justice system, leaving the most vulnerable in society exposed to miscarriages of family justice. The Bar Council is acutely aware of the deep commitment of family barristers, many of whom are now working to breaking point, as this research shows. It is especially regrettable that barristers are effectively penalised for doing legally aided family work, rather than privately paying work, and that this is hitting women and black and minority ethnic advocates hardest of all.”

The Legal Services Commission announced cuts to the family graduated fee scheme in February, and is proposing further cuts which will see payments cut by up to 55%, according to the Bar Council.

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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